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STUB v. UNITED STATES

No. 478-53.

119 F.Supp. 206 (1954)

STUB v. UNITED STATES.

United States Court of Claims.

March 2, 1954.

Attorney(s) appearing for the Case

John Stub, pro se.

Francis H. Fassett, New York City, Warren E. Burger, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, and MADDEN, Judges.

PER CURIAM.

On March 2, 1945, the plaintiff, John Stub, filed a suit in this court for alleged unauthorized use of his patent. At the time this suit was filed the patent jurisdictional act of 1910, 36 Stat. 851, as amended, 40 Stat. 705, was in effect, and provided in part —

"That the benefits of this Act shall not inure to any patentee who, when he makes such claim, is in the employment or service of the Government of the United States, or the assignee...

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